STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. EB110371RT
: DRO DOCKET NO.ZQ003611R
ENIO F. MINERVINI
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 16, 1990, the above-named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
February 2, 1990, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 34-57 82nd Street, Queens, New York, Apartment No. 6H,
wherein the Rent Administrator terminated the proceeding on the
basis that a determination of the tenant's complaint had already
been made on September 30, 1985 under docket number 8444.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
This proceeding was originally commenced in September, 1985 by
the tenant's filing of a complaint of rent overcharge in which the
tenant stated in substance that the owner lists one total rent
charge instead of separate unfurnished apartment rent charge and
furniture charge and does this in order to try to collect the
additional future monthly percentage increases on both the
unfurnished apartment rent and the furniture charge. The tenant
also indicated that he had filed an objection to registration under
docket number 8444.
In answer to the tenant's complaint, the owner stated in
substance that it was a duplicate of the tenant's complaint filed
under docket number 8444 and should be dismissed on that basis. The
owner further stated that the apartment was rented furnished to the
tenant and that the owner was entitled to combine the furniture rent
charge into the lawful stabilized rent.
In Order Number 8444, the Rent Administrator found no rent
overcharge and stated in the rent calculation chart that the
furniture charge was included in the lawful stabilization rent as a
EB110371RT
surcharge and guideline increases were not imposed on the furniture
charge. The tenant did not file an appeal from this order.
In Order Number ZQ003611R appealed herein, the Rent
Administrator terminated the proceeding on the basis that a
determination had already been made under docket number 8444.
In this petition, the tenant alleges in substance that for his
lease commencing October 1, 1986 there should be no $15.00 low rent
allowance since the rent effective October 30, 1986 including the
furniture allowance was $375.09 which was over the amount of $350.00
- the maximum amount for the $15.00 low rent allowance to be
effective.
The Commissioner is of the opinion that this petition should be
denied.
The overcharge complaint filed by the tenant herein was a
duplicate of the tenant's objection to registration filed under
docket number 8444. The tenant did not file an appeal to the
determination made under docket number 8444 and thus the overcharge
complaint herein was properly terminated. It is noted that the
tenant's contention on appeal regarding the lease commencing October
1, 1986 was not part of the tenant's overcharge complaint appealed
herein and cannot be considered for the first time on appeal since
this is not a de novo proceeding.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
EB110371RT
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